I don't think a 2022 delivery will help you. The new tax credit rules go into effect as soon as Biden signs the Act. If you take delivery in 2022 after the Bill goes into effect, you will be subject to the limitations in the new Act (for which most, if not all, Rivian vehicles will not qualify)...
Undetermined at this point - it could be either. The Transitional Rule states, "...such taxpayer may elect (at such time, and in such form and manner, as the Secretary of the Treasury, or the Secretary’s delegate, may prescribe) to treat such vehicle having been placed in service on the day...
Although the agreement purports to bind you to purchasing the vehicle, as a practical matter Rivian probably can't (or at least is unlikely to) sue you to force you to buy it. "Specific performance" of a contract is generally only available as a remedy for breach of contract when the contract is...
As someone said, you aren't locked into the old credit, but under the new Act, that's probably the only way you will qualify for one - that's why there's been such a mad scramble to get locked in under the old credit.
My understanding is that the House is just calling for a simple up or down...
That's my view, too. The Treasury gets to decide whether you take the credit for the tax year in which you received delivery, or whether you have to file an amended return for 2022, or whether you apply the credit in some other fashion. But, as you say, the Treasury doesn't get to decide if...
You are not alone in your assumption. I have seen multiple people make this same statement (including media), and I have asked what they are relying on because I can't find it (altho it is entirely possible I missed it). No one has replied, so I'm starting to think this "delivery by 2023" was...
Where does it say that?? I've been looking, and I can't find it, and I've seen other people make this same statement. The text of the Transitional Rule from the Act says:
"(l) TRANSITION RULE.—Solely for purposes of the application of section 30D of the Internal Revenue Code of 1986, in the...
There are no income or vehicle value limitations under the old credit. But under the new Act, you wouldn't qualify for the credit because of the vehicle's value, nor would many Rivian customers - that's why there's been such a mad scramble to get the agreements signed now so that we can qualify...
Every contract requires "consideration" for it to be valid. If you sign a contract but you don't give up anything, then it's illusory. Making $100 non-refundable is the "consideration" - i.e., you're giving up $100 to enter into the agreement, and this (arguably) makes it a valid and binding...
I think that's undetermined at this point, and will depend on how the IRS decides to handle it. I think there's basically 2 options - you either claim it on 2023 taxes or file an amended return for 2022. Probably easier, less paperwork, and less headache for the IRS to just let you claim it in 2023.
I keep seeing this assertion that you have to take delivery before 2024 or you don't qualify for the old tax credit, but I read the Bill and I didn't see that in there. The "Transitional Rule" just says that as long as you have a BPA before the Act becomes effective, you are eligible for the old...